Barker v. Northern Pac. Ry. Co.
U.S. Circuit Court for the District of Eastern Missouri
Suit by Barker against the Northern Pacific Bailway Company to set aside a settlement of a claim for personal injuries.
1Opinion of the Court
PRIEST, District Judge.
Plaintiff, who was injured in the derailment of one of the respondent’s passenger trains on the early morning of January 15,1892, and who on January 26th, following, made a settlement of her damages for the sum of $500, and for that consideration, which she retains, executed a release, now seeks to set aside the release, upon the grounds — First, that it was procured from her by fraud and artifice, at a time when she was not master of her mental faculties; and, second, that it does not express the true agreement, she having only settled for the loss of her personal…
2Cases cited15 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
- Burton v. StewartNew York Supreme Court · 1829
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3Cited by10 opinions
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Seeck v. JakelOregon Supreme Court · 1914
- Rubenstein v. Dr. Pepper Co.Court of Appeals for the Eighth Circuit · 1955
- Heck v. Missouri Pac. Ry. Co.U.S. Circuit Court for the District of Colorado · 1906
- Patterson v. Cincinnati, N. O. & T. P. Ry. Co.District Court, E.D. Kentucky · 1932
5 more not listed; retrieve them via the Exa API.